Книги з теми "Declaration of claim"
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1
Wehberg, Hans. The outlawry of war: A series of lectures delivered before the Academy of International Law at the Hague and in the Institut Universitaire de Hautes Etudes Internationales at Geneva. Buffalo, N.Y: W.S. Hein & Co., 2000.
2
Ludwig, Kirk. Declarations and Status Functions. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198789994.003.0012.
Анотація:
Chapter 12 evaluates, in the light of the analysis of status functions in previous chapters, a recent claim by Searle that all institutional facts, and so all status functions, are created by declarative speech acts. An example of a declaration is an employer saying “You’re fired” to an employee and thereby making it the case that he is fired. The chapter argues that while declarations are often used, given background conventions in a community, to impose status functions on objects, they are not necessary, and that more generally the idea that status functions are imposed by representing that object as having them is mistaken, in the light of the earlier analysis of collective acceptance as a matter of members of a community having appropriate we-intentions or conditional we-intentions directed at the relevant things.
3
Parpworth, Neil. 15. Judicial review remedies. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198810704.003.0015.
Анотація:
This chapter discusses the various remedies which courts may grant claimants for judicial review. It should be noted that the remedies are in the discretion of the court. The remedies which may be granted include: a quashing order (formerly certiorari); a prohibiting order (formerly prohibition); a mandatory order (formerly mandamus); declaration; injunction; interim declaration; and substitutionary remedy. Damages, however, are excluded from the list of remedies. Although CPR 54.3(2) of the Civil Procedure Rules provides that a claim for judicial review may include a claim for damages, it further provides that the claim may not seek damages alone.
4
Wang, Weiguo. 6 National Report for the People’s Republic of China. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198727293.003.0006.
Анотація:
This chapter discusses the law on creditor claims in China. The rights and interests of creditors are protected by the 2006 Enterprise Bankruptcy Law (EBL). The term ‘insolvency claims’ is not officially used to refer to the claims against the insolvent debtor which are eligible for insolvency proceedings. In the text of the EBL, they are simply referred to as ‘claims’ (ie, creditors’ rights or obligatory rights). Only when bankruptcy liquidation proceedings start following the court’s ruling of bankruptcy declaration do the claims become known as ‘bankruptcy claims’. The rest of the chapter deals with insolvency claims, administration claims, and non-enforceable claims in turn. Each section is concerned with: the definition and scope of the claim; rules for submission, verification, and satisfaction or admission of claims; ranking of claims; and voting and other participation rights in insolvency proceedings.
5
Martin, Scheinin, and Åhrén Mattias. Part I The UNDRIP’s Relationship to Existing International Law, Ch.3 Relationship to Human Rights, and Related International Instruments. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780199673223.003.0004.
Анотація:
This chapter analyses how the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) fits within the broader picture of international legal instruments, with specific reference to related human rights norms. In many respects, the general approach the UNDRIP takes towards indigenous rights is natural. Largely from the very day indigenous peoples' representatives started to address the UN in order to claim recognition of and respect for their rights, the focus of such claims has been on allowing indigenous peoples the possibility to preserve, maintain, and develop their own distinct societies, existing side by side with the majority society. In other words, political rights — or sovereign rights — have always been at the forefront of the indigenous rights regime. In that way, indigenous peoples' rights distinguish themselves from those that apply to minority groups that are primarily individual rights. Thus, when placing emphasis on peoples' rights, the UNDRIP follows in the tradition of the indigenous rights discourse in general, as reflected in Article 3 of the Declaration.
6
Sime, Stuart. 49. Judicial Review. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198823100.003.6072.
Анотація:
This chapter discusses the rules for judicial review. Judicial review lies against public bodies and must be brought by a person with a sufficient interest. There are six remedies available on applications for judicial review (quashing order, mandatory orders, prohibitory order, declaration, injunction, and money awards). Before commencing judicial review proceedings, a claimant should comply with the judicial review pre-action protocol. Permission must be sought to proceed with a claim for judicial review. Defendants must be served with the judicial review claim form, and unless they acknowledge service they cannot appear at the permission hearing unless the court allows them to attend.
7
Sime, Stuart. 49. Judicial review. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198747673.003.6072.
Анотація:
This chapter discusses the rules for judicial review. Judicial review lies against public bodies and must be brought by a person with a sufficient interest. There are six remedies available on applications for judicial review (quashing order, mandatory orders, prohibitory order, declaration, injunction, and money awards). Before commencing judicial review proceedings, a claimant should comply with the judicial review pre-action protocol. Permission must be sought to proceed with a claim for judicial review. Defendants must be served with the judicial review claim form, and unless they acknowledge service they cannot appear at the permission hearing unless the court allows them to attend.
8
Sime, Stuart. 49. Judicial review. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198787570.003.6072.
Анотація:
This chapter discusses the rules for judicial review. Judicial review lies against public bodies and must be brought by a person with a sufficient interest. There are six remedies available on applications for judicial review (quashing order, mandatory orders, prohibitory order, declaration, injunction, and money awards). Before commencing judicial review proceedings, a claimant should comply with the judicial review pre-action protocol. Permission must be sought to proceed with a claim for judicial review. Defendants must be served with the judicial review claim form, and unless they acknowledge service they cannot appear at the permission hearing unless the court allows them to attend.
9
Andrew, Clapham. War. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198810469.001.0001.
Анотація:
How relevant is the concept of war today? This book examines how notions about war continue to influence how we conceive legal rights and obligations. It considers situations that recognize the significance of a Declaration of War or a State of War, both domestically and internationally. It outlines how the institution of War was abolished in the 20th century and replaced with a ban on the use of force. At the same time, international criminal law was developed to prosecute wars of aggression and war crimes. The book highlights how states nevertheless continue to claim that they can resort to the use of force, engage in lawful killings in war, imprison law of war detainees and attack objects that are said to be part of a war-sustaining economy. The book provides an overall account of the laws of war and a detailed inquiry into whether states should be able to continue to claim Belligerent Rights over the enemy and neutrals, including those rights connected to booty and blockade. The book claims that while there is general agreement that War has been abolished as a legal institution for settling disputes, the time has come to admit that the Belligerent Rights that states claim flow from being at war are no longer available. Therefore, claiming to be in a war or an armed conflict does not grant anyone a licence to kill people, destroy things, and acquire other people’s property or territory.
10
Tomlinson, Matt, and Julian Millie. Conclusion. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780190652807.003.0014.
Анотація:
The book concludes by arguing that religious and political discourse is often characterized by the naturalization of monologue. In such discourse, monologism is treated as natural and dialogism becomes the project that requires the most effort—the emergent, fragile attempt that can never fully succeed. It offers examples from sources as diverse as John Wesley’s advice for preaching, Kim Jong-il’s lethal efforts to make all North Koreans speak in a single voice, a wistful Papua New Guinea man’s claim that in the old days people did not speak so much, and an Australian archbishop’s puzzling declaration that dialogue does not require a willingness to compromise.
11
Burchard, Brendon. The motivation manifesto: 9 declarations to claim your personal power. 2014.
12
Amann, Diane Marie, and Margaret M. deGuzman. Foreword. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190272654.003.0030.
Анотація:
In this foreword, the volume's co-editors recall the claim of Martin Luther King Jr. that ‘the arc of the moral universe is long, but it bends toward justice’. The foreword summarises this collection's essays by eminent scholars, each contributed in recognition of honouree William A. Schabas. The collection analyses developments respecting global justice in the decades since the end of World War II. The volume discusses institutions such as the United Nations, the European Court of Human Rights, the International Criminal Court, and instruments such as the Universal Declaration of Human Rights, the Convention Against Torture, and the Canadian Charter of Human Rights and Freedoms. It examines fits and starts in global justice with regard to many phenomena: peace and war, international crimes, culture, death penalty, environmental degradation, and not least, education and scholarship.
13
Das, Chaity. Introduction. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199474721.003.0001.
Анотація:
Even with the birth of Pakistan after the Partition of 1947 cultural cohesion remained in an infantile stage. National self-defence became the obsession of the ruling establishment and there was a move towards administrative consolidation. Thus it is no surprise that the first general elections in Pakistan were held only in 1970. The Awami League of East Pakistan received an overwhelming verdict in the east and staked a claim to rule Pakistan. However, Yahya Khan’s government ordered a military crackdown on 25 March 1971 in East Pakistan. This work will revisit the war and pose questions about its place in memory and history. To understand the implications of the genocidal military crackdown by the army and the concomitant declaration of independence by East Pakistan and the aftermath of liberation, this book offers a close reading of memoirs, testimonies, and fiction that draw on memories of the war.
14
Sime, Stuart. 28. Fast Track. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198823100.003.3280.
Анотація:
The fast track provides a ‘no-frills’ procedure for medium-sized cases that do not justify the detailed and meticulous preparation appropriate for complex and important cases. Instead, cases allocated to this track will be progressed to trial within a short timescale after the filing of a defence. The fast track covers the majority of defended claims within the £10,000 to £25,000 monetary band. It also deals with non-monetary claims such as injunctions, declarations, and claims for specific performance which are unsuitable for the small claims track and do not require the more complex treatment of the multi-track. This chapter covers directions for cases allocated to the fast track; standard fast track timetable; agreed directions; varying the directions timetable; listing for trial; fast track trial; and costs in fast track cases.
15
Sime, Stuart. 28. Fast track. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198787570.003.3280.
Анотація:
The fast track provides a ‘no-frills’ procedure for medium-sized cases that do not justify the detailed and meticulous preparation appropriate for complex and important cases. Instead, cases allocated to this track will be progressed to trial within a short timescale after the filing of a defence. The fast track covers the majority of defended claims within the £10,000 to £25,000 monetary band. It also deals with non-monetary claims such as injunctions, declarations, and claims for specific performance which are unsuitable for the small claims track and do not require the more complex treatment of the multi-track. This chapter provides directions for cases allocated to the fast track; standard fast track timetable; agreed directions; varying the directions timetable; listing for trial; fast track trial; and costs in fast track cases.
16
Sime, Stuart. 28. Fast track. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198747673.003.3280.
Анотація:
The fast track provides a ‘no-frills’ procedure for medium-sized cases that do not justify the detailed and meticulous preparation appropriate for complex and important cases. Instead, cases allocated to this track will be progressed to trial within a short timescale after the filing of a defence. The fast track covers the majority of defended claims within the £10,000 to £25,000 monetary band. It also deals with non-monetary claims such as injunctions, declarations, and claims for specific performance which are unsuitable for the small claims track and do not require the more complex treatment of the multi-track. This chapter provides directions for cases allocated to the fast track; standard fast track timetable; agreed directions; varying the directions timetable; listing for trial; fast track trial; and costs in fast track cases.
17
MacPherson, James. Rights of Great Britain Asserted Against the Claims of America: Being an Answer to the Declaration of the General Congress. Applewood Books, 2009.
18
The rights of Great Britain asserted against the claims of America: Being an answer to the Declaration of the general Congress. London: Printed for T. Cadell ..., 1985.
19
The rights of Great Britain asserted against the claims of America: Being an answer to the Declaration of the general Congress. London: Printed for T. Cadell ..., 1985.
20
Bazyler, Michael J., Kristen L. Nelson, Kathryn Lee Boyd, and Rajika L. Shah. Searching for Justice after the Holocaust: Fulfilling the Terezin Declaration and Immovable Property Restitution. Oxford University Press, Incorporated, 2019.
21
Thomas, Damion. Goodwill Ambassadors. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252038877.003.0007.
Анотація:
This chapter examines the “challenges, contradictions, and political nature” of African American sports emissaries during the early Cold War era. Recognizing the impact that Soviet declarations of American mistreatment of blacks were having on global public opinion about the United States, government officials planned goodwill trips that provided opportunities for people around the world to meet successful African Americans whose abilities on the playing field and loyalty to the nation represented a positive counterweight to the claims being posited by adversaries of the United States. The chapter devotes special attention to athletes' response to the program, most of whom were initially unaware of the underlying political purpose of their trips. There was an unintended politicizing effect for the athletes, as many used the forum to distance themselves from domestic policies, push for civil rights, and find common cause with subjugated peoples around the world. An increased unwillingness for citizen diplomats to “stay on message” resulted in the programs being scaled back in the late 1960s.
22
Some observations on a pamphlet lately published: Entitled "The rights of Great Britain asserted against the claims of America being an answer to the declaration of the General Congress". London: Printed for John Donaldson ..., 1985.
23
Phillips, Anne. Unconditional Equals. Princeton University Press, 2021. http://dx.doi.org/10.23943/princeton/9780691210353.001.0001.
Анотація:
For centuries, ringing declarations about all men being created equal appealed to a shared human nature as the reason to consider ourselves equals. But appeals to natural equality invited gradations of natural difference, and the ambiguity at the heart of “nature” enabled generations to write of people as equal by nature while barely noticing the exclusion of those marked as inferior by their gender, race, or class. Despite what we commonly tell ourselves, these exclusions and gradations continue today. This book challenges attempts to justify equality by reference to a shared human nature, arguing that justification turns into conditions and ends up as exclusion. Rejecting the logic of justification, the book calls instead for a genuinely unconditional equality. Drawing on political, feminist, and postcolonial theory, the book argues that we should understand equality not as something grounded in shared characteristics but as something people enact when they refuse to be considered inferiors. At a time when the supposedly shared belief in human equality is so patently not shared, the book makes a powerful case for seeing equality as a commitment we make to ourselves and others, and a claim we make on others when they deny us our status as equals.
24
Patterson, Stephen. The Forgotten Creed. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190865825.001.0001.
Анотація:
This book examines the history and legacy of a forgotten early Christian creed embedded in Galatians 3:26–28, remarkable for its declaration of solidarity across race, class, and gender lines. It claims that distinctions based on race, class, and gender are a human conceit; race, class, and gender simply do not exist. The book describes how ancients used these categories to create “otherness” and to structure society to the advantage of native, free males, and how, and why, certain early followers of Jesus, including Paul, came to reject these “othering” categories and instead embrace their unity and solidarity as children of God. It also traces the failure of nerve that eventually led the church to abandon this ideal and once again leverage race, class, and gender to the advantage of native, free males: let women be subordinate, slaves be obedient, and foreigners beware. This discussion is set in the context of the contemporary debate about race, class, and gender and demonstrates that these are not late-arriving modern concerns deriving from the current culture wars. Race, class, and gender have always been used to divide the human community into “us” and “them.” This forgotten creed is an early strike against the age-old problem of racism, classism, and sexism.
25
Balibar, Etienne. On Universals. Translated by Joshua David Jordan. Fordham University Press, 2020. http://dx.doi.org/10.5422/fordham/9780823288564.001.0001.
Анотація:
Many on the Left have looked upon “universal” as a dirty word, one that signals liberalism's failure to recognize the masculinist and Eurocentric assumptions from which it proceeds. In rejecting universalism, we have learned to reorient politics around particulars, positionalities, identities, immanence, and multiple modernities. This book builds on these critiques of the tacit exclusions of Enlightenment thought, while at the same time working to rescue and reinvent what universal claims can offer for a revolutionary politics answerable to the common. In the contemporary quarrel of universals, the book shows, the stakes are no less than the future of our democracies. The book investigates the paradoxical processes by which the universal is constructed and deconstructed, instituted and challenged, in modern society. It shows that every statement and institution of the universal—such as declarations of human rights—carry an exclusionary, particularizing principle within themselves and that every universalism immediately falls prey to countervailing universalisms. Always equivocal and plural, the universal is thus a persistent site of conflict within societies and within subjects themselves. And yet, the book suggests, the very conflict of the universal—constituted as an ever-unfolding performative contradiction—also provides the emancipatory force needed to reinvigorate and reimagine contemporary politics and philosophy. In conversation with a range of thinkers from Marx, Freud, and Benjamin through Foucault, Derrida, and Scott, the book shows the power that resides not in the adoption of a single universalism but in harnessing the energies made available by claims to universality in order to establish a common answerable to difference.